HOUSE BILL 1021
By Russell
SENATE BILL 735
By Pody
SB0735
002569
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AN ACT to amend Tennessee Code Annotated, Title 29,
Chapter 16 and Section 54-21-107, relative to just
compensation for removal or acquisition of outdoor
advertising devices.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 54-21-107, is amended by adding
the following as new subsections (b) and (c) and redesignating existing subsections (b) and (c)
and subsequent subsections accordingly:
(b) The commissioner is authorized to acquire by purchase, gift, or
condemnation all outdoor advertising devices and any property rights pertaining to such
devices when such devices are required to be removed under § 54-21-105. Just
compensation must be paid for the acquisition or for the removal of any outdoor
advertising device lawfully erected as provided in 23 U.S.C. § 131 that is required to be
removed for any reason, including under § 54-21-105. Notwithstanding another law to
the contrary, a lawfully erected outdoor advertising device adversely affected by
condemnation is entitled to just compensation in the same manner as a structure or
improvement under § 29-16-203. The use of amortization for whatever period does not
constitute just compensation.
(c) Notwithstanding this section or another law to the contrary, if a political
subdivision or other governmental agency requires the removal of an outdoor advertising
device lawfully erected without an option to relocate the outdoor advertising device to a
similarly situated location, then just compensation must be paid to the owner of the
outdoor advertising device for the cost of removal plus the fair market value of the
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outdoor advertising device removed. The use of amortization for any period does not
constitute just compensation under this subsection (c).
SECTION 2. Tennessee Code Annotated, Section 54-21-107, is amended by deleting
the language "subdivisions (b)(1)(A) and (B)" wherever it appears and substituting instead
"subdivisions (d)(1)(A) and (B)".
SECTION 3. If any provision of this act or its application to any person or circumstance
is held invalid, then the invalidity does not affect other provisions or applications of the act that
can be given effect without the invalid provision or application, and to that end, the provisions of
this act are severable.
SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it.